Punjab & Haryana High Court Appoints Independent Observer, Orders Videography To Ensure Fair Mayoral Polls In MC Abohar

"Appointed Observer shall be at liberty to take photographs/video of the proceedings both inside and outside the venue." Punjab and Haryana High Court, in a latest order, directed the State of Punjab to conduct elections for the posts of Mayor, Senior Deputy Mayor, and Deputy Mayor of Municipal Corporation, Abohar within a week.

A bench of Justice Deepak Sibal and Justice Rupinderjit Chahal passed the directions to ensure a free and fair election process after 28 newly elected corporators alleged abuse of State machinery and expressed apprehension of horse-trading.

The petition was filed by 28 out of 50 newly elected corporators of MC Abohar, whose elections were notified on June 5, 2026. Under Section 38 of the Punjab Municipal Corporation Act, 1976, the mayoral elections were required to be held within one month. The petitioners alleged that despite having a clear majority during a convened meeting on July 10, the authorities arbitrarily deferred the elections indefinitely to favor the ruling party, prompting them to approach the High Court.

The primary issue before the court was whether the State authorities were unjustifiably delaying the mayoral elections of MC Abohar to facilitate political horse-trading. The court was also called upon to determine what immediate protective measures were necessary to guarantee that the impending elections were conducted in a transparent and democratic manner.

Court Records State's Undertaking To Ensure Transparency

The bench noted the conflicting claims of the parties regarding the repeated postponement of the meetings. While the petitioners alleged arbitrary deferment and abuse of state power, the State claimed the petitioners created a ruckus and obstructed officials from discharging their duties. However, the court refrained from adjudicating these factual disputes in light of the State's own concession to hold the elections transparently.

Videography And Preservation Of Records Mandated

Recording the statement made by the State counsel, the court noted the administration's commitment to convene the meeting within a week. The court recorded that to ensure fairness, the entire meeting and the venue from outside would be videographed from all possible angles. This videography must explicitly capture the process of voting by the members raising their hands.

"The CCTV/videographed material, alongwith copies of the written proceedings, of such meeting shall be preserved under the care and custody of Deputy Commissioner, Fazilka for a period of six months," the bench observed, ensuring that the evidentiary record of the election is secured.

Appointment Of Independent Observer

To guarantee absolute impartiality during the voting process, the court appointed Senior Advocate Sandeep Goyal as an independent Observer. The court granted the Observer comprehensive powers to document the election proceedings independently to prevent any procedural malpractice or coercion.

"The appointed Observer shall be at liberty to take photographs/video of the proceedings both inside and outside the venue," the court directed, further ordering the Divisional Commissioner to give at least 48 hours' notice to the Observer regarding the meeting schedule.

Strict Security Measures Ordered

Emphasizing the physical safety of the election process and the appointed court officer, the court directed the Deputy Commissioner, Fazilka, to take personal responsibility for the Observer's transit. The court ordered that the Observer must reach the Deputy Commissioner's office at least three hours before the scheduled meeting.

The court explicitly directed the authorities to ensure that the Observer securely reaches the venue well in time and is safely brought back after the meeting concludes. The State was additionally mandated to provide adequate security for the corporators at the election venue to prevent any untoward incidents.

Report To Be Filed In Sealed Cover

The High Court instructed that the Observer's final report, along with any photographs or video evidence collected, must be submitted directly to the court. This documentation is to be filed in a sealed cover and kept in the safe custody of the Registrar (Judicial) for a period of six months. To facilitate the Observer's duties, the petitioners agreed to pay an advance fee of Rs. 2 lakhs.

The High Court disposed of the petition by binding the State government to its undertaking to conduct the municipal elections within a week with full videography. The ruling underscores the judiciary's proactive approach to ensuring that local democratic processes remain insulated from administrative delays and political interference.

Date of Decision: 15 July 2026